Board Opinion 2022-03
Board Opinion 2022-03 is about communications with government employees and may be of interest to anyone handling Court of Claims cases. Its syllabus provides:
A lawyer is prohibited from directly communicating with a current employee or official of the government (a) who supervises, directs, or regularly consults with the government’s counsel concerning a matter, (b) who has authority to obligate the government with respect to the matter, or (c) whose act or omission in connection with the matter may be imputed to the government. A lawyer representing a client may communicate directly with a government official or employee if the purpose of the communication i s to address a policy issue rather than the negotiation or litigation of a specific claim, the official or employee has the authority to recommend or act concerning the policy issue, and reasonable advance notice is given to government counsel of the intended communication. A lawyer may address a government official or employee on behalf of a client at a public meeting without the permission or presence of the government’s counsel. Government counsel cannot assert blanket representation of all employees a prevent direct communication by opposing counsel. And officials in a matter to A lawyer should not deliver a formal settlement proposal in a matter to a government officer or employee unless the lawyer has obtained consent of government counsel.
Board Opinion 2022-02
Board Opinion 2022-02 is about judges serving on various Boards.
Full opinions can be found through the links above.
